Opportunity to cross examine is the rules of natural justice
176.
Rules of Natural Justice require that a party should have the opportunity of
adducing all relevant evidence on which he relies; evidence of opponent should
be taken in his presence and that he should be given an opportunity of cross
examining the witness.
[Roshan
Lal V Ishwar Das AIR 1962 SC 646]
177.
Failure to give reasonable opportunity will vitiate the inquiry.
[Ministry
of Finance V SB Ramesh 1998(1) SC 387]
178.
Proceedings cannot be justified because the proceedings were held in violation
of Principle of Natural Justice.
[N.K
Sareen V Punjab National Bank 1994 111 AD Delhi 166 55 DLT 300]
179.
Unexplained delay in initiating proceedings constitutes denial of reasonable
opportunity.
[K.K
School V UOI 1989(4) SLJ (CAT) 495: AIR 1990(1) 262: Principal Bench (1990) 13
ATC 156.]
180.
Administrative instructions must be subservient to the statutory rules
The
Central Govt. is competent to regulate the conditions of service of its
employees by issue of executive instructions subject to certain conditions.
This power is available to the Central Govt. under Articles 53, 73 and 310 read
with entry 70 of List 1. The administrative instructions so issued should not
contravene any provisions of the Constitution, statue, or statutory rules.
These can be issued to fill in gaps in statutory rules or to cover arrears
where no statutory rules exist. It is now settled that the administrative
instructions must be subservient to the statutory rules and cannot run contrary
to such rules. The rules cannot be amended or superseded by administrative
instructions
[ Sant Ram V State of Rajasthan AIR 1967 SC 1910 and Agarwal V State of UP AIR 1987 SC 1676]
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